Chapter I
GENERAL PROVISIONS
Article 1. Scope
1. This Decree prescribes the management and maintenance of exhibits and vehicles of administrative violations temporarily or permanently confiscated under administrative procedures (hereinafter referred to as “temporarily and permanently confiscated exhibits and vehicles”), license for operation temporarily confiscated under administrative procedures (hereinafter referred to as “temporarily confiscated license for operation”); responsibilities and powers of agencies, individuals managing, maintaining temporarily and permanently confiscated exhibits and vehicles, and temporarily confiscated license of operation; rights and powers of agencies, organizations, and individuals whose exhibits, vehicles are permanently or temporarily confiscated or license of operation is temporarily confiscated.
2. The management and maintenance of exhibits and vehicles of administrative violations that are Vietnamese currency, foreign currency, documents, papers relating to assets, financial instruments, gold, silver, jewels, precious metal, narcotics, weapons, explosive precursor substances, explosive ordinances, combat gears, objects of historical values or cultural values, national treasures, antiques, rare forestry products, animals, plants, perishable goods, items, objects whose sale is prohibited, and other assets are not the scope of this Decree but instead are compliant with the Law on Imposing Penalties for Administrative Violations.
Article 2. Regulated entities
1. Vietnamese and foreign organizations and individuals whose exhibits and vehicles are permanently or temporarily confiscated, license of operation is temporarily confiscated.
2. Agencies, organizations, and individuals relating to the management and maintenance of temporarily and permanently confiscated exhibits and vehicles, and temporarily confiscated license of operation.
Article 3. Rules on managing and maintaining temporarily and permanently confiscated exhibits and vehicles, temporarily confiscated license of operation
1. Temporarily and permanently confiscated exhibits and vehicles must be closely and safely managed, maintained, and arranged in a reasonable manner to enable easy inspection, avoid confusion, and prevent environmental pollution and disease spread.
2. Temporarily and permanently confiscated exhibits and vehicles must remain their integrity without taking into account the depreciation caused by objective causes such as weather, humidity, etc.
3. Temporarily confiscated license of operation must be closely and safety managed, maintained, and arranged in a reasonable manner to enable easy inspection, avoid confusion, and maintain its integrity.
4. The receipt, return, transfer of temporarily confiscated exhibits and vehicles and temporarily confiscated license of operation, and the receipt, transfer of confiscated exhibits and vehicles to agencies, organizations, and individuals shall only be implemented under written decision of competent individuals.
Article 4. Prohibited acts
1. Appropriation, sale, exchange, mortgaging, hypothecation, replacement, or illegitimate use of the temporarily and permanently confiscated exhibits or vehicles, or temporarily confiscated license of operation and other acts for personal gains.
2. Violation of regulations on sealing temporarily and permanently confiscated exhibits and vehicles; transport of temporarily confiscated exhibits and vehicles, temporarily confiscated license of operation out of detention without permission of competent authority.
3. Intentional or unintentional actions that result in the loss or damage of temporarily and permanently confiscated exhibits or vehicles, or temporarily confiscated license of operation.
Article 5. Funding for management and maintenance of temporarily and permanently confiscated exhibits and vehicles, temporarily confiscated license of operation
1. Funding for management and maintenance of temporarily and permanently confiscated exhibits and vehicles includes:
a) Expenditure on constructing, repairing, expanding, upgrading facilities, or hiring detention locations;
b) Expenditure on procuring equipment and vehicles necessary for management, maintenance, transport, deliver, receipt, and assessment of temporarily and permanently confiscated exhibits and vehicles;
c) Expenditure on issuing notices on mass media and informing offenders, owners, individuals legally managing or using temporarily confiscated exhibits and vehicles;
d) Other expenditure as per the law.
2. Funding for management and maintenance of temporarily confiscated license of operation includes: Expenditure on procuring equipment and vehicles necessary for management, maintenance, transport, deliver, receipt, and assessment of temporarily confiscated license of operation, and other expenditure as per the law.
3. Funding for management and maintenance of temporarily and permanently confiscated exhibits and vehicles, temporarily confiscated license of operation shall be guaranteed by the Law on State Budget and applicable budget management levels.
4. Minister of Finance shall elaborate on funding for management and maintenance of temporarily and permanently confiscated exhibits and vehicles, temporarily confiscated license of operation.
Tìm kiếm
Nghị định 138/2021/NĐ-CP quản lý, bảo quản tang vật, phương tiện vi phạm hành chính bị tạm giữ, tịch thu và giấy phép, chứng chỉ hành nghề bị tạm giữ theo thủ tục hành chính (Bản Word)
Nghị định 138/2021/NĐ-CP quản lý, bảo quản tang vật, phương tiện vi phạm hành chính bị tạm giữ, tịch thu và giấy phép, chứng chỉ hành nghề bị tạm giữ theo thủ tục hành chính (Bản Pdf)